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A warning to tribute bands...


therealvicz

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The court case has probably saved his life. The guy has dropped 11 stones in weight in order to retool another act. That is over 150 pounds I think.

"It doesn't have to be difficult to be cool" - Mitch Towne

 

"A great musician can bring tears to your eyes!!!

So can a auto Mechanic." - Stokes Hunt

 

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I actually had a conversation with Neal Schon himself about this.

 

He's totally cool as long as we don't try to present ourselves as Journey, and as long as all our promotional material, etc.. indicates we are a tribute band.

 

He liked what we're doing since we're "paying tribute" and helping keep the music alive.

 

He did say he's had to sic the lawyers on a couple acts that would present as Journey, and not make the distinction in any promo or online material.

David

Gig Rig:Depends on the day :thu:

 

 

 

 

 

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Meat. Loaf.

 

I didn't get it the first time.

 

I didn't get it the second time.

 

Then I saw him in Fight Club.

 

Then I saw him on The Apprentice.

 

Meat Loaf is a cry baby bitch.

 

What a turd.

 

I never got it. Don't care to get it.

 

Hitting "Play" does NOT constitute live performance. -Me.
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The court case has probably saved his life. The guy has dropped 11 stones in weight in order to retool another act. That is over 150 pounds I think.

 

Yes 154 pounds, a big lad. Maybe that's why Meat was so p'd off with him.

"Just a tad more attack on the filter, Grandad!"
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I think there's more to this story that we don't know, it sounds personal to me. I suspect that when Torkington was first contacted he copped such an asshole attitude that Meat Loaf just said "OK, you're going to be like that, watch this." It looks like he did cross that line to where some fans could have been fooled into thinking it's a real Meat Loaf concert or the show was somehow affiliated with him.

 

I can't believe this couldn't have been easily settled without going so far as US District court especially since Torkington is capable of doing other tributes anyway. I don't have much sympathy for him.

 

Hmmm, I just took a closer look at one of the pictures where he's dressed as ML on the left and he's standing by his van on the right. Look at the van, part of the lettering is Meat Loaf.org That's not right and is probably the main reason for the lawsuit.

 

Bob

Hammond SK1, Mojo 61, Kurzweil PC3, Korg Pa3x, Roland FA06, Band in a Box, Real Band, Studio One, too much stuff...
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I don't think there would have been as big a problem if Torkington's website was "www.meatloaftribute.org". The "a tribute to..." font on the meatloaf.org site is very small to the point of being misleading, Torkington was using ML's album artwork on his van... he was pushing the line. I think if MeatLoaf wants to protect his image/music/name/rights then he's entitled and obviously a judge agreed.
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I like covering Meatloaf.... but I'm piano player.

 

But I also don't think I would want to do a whole night of it..... I can't think of any artist I would want to cover exclusively for a whole night's gig.

"It doesn't have to be difficult to be cool" - Mitch Towne

 

"A great musician can bring tears to your eyes!!!

So can a auto Mechanic." - Stokes Hunt

 

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I like covering Meatloaf.... but I'm piano player.

 

But I also don't think I would want to do a whole night of it..... I can't think of any artist I would want to cover exclusively for a whole night's gig.

 

Actually, the Heart tribute was a hell of a lot of fun for me, because every song had its own unique set of challenges based on my equipment available and the skill level of the original performers. Howard Leese was no joke on a Moog or a DX-7...

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I think that to protect a name or trademark you need to be seen to be actively pursuing those that are hijacking it (even borderline cases) - if you do nothing, the trademark will lapse, like Hoover and many others in the past.

 

That seems to be the reason why big companies often aggressively go after the little guy, even though the amounts of money involved are relatively trivial.

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Meat. Loaf.

 

I didn't get it the first time.

 

I didn't get it the second time.

 

Then I saw him in Fight Club.

 

Then I saw him on The Apprentice.

 

Meat Loaf is a cry baby bitch.

 

What a turd.

 

I never got it. Don't care to get it.

 

Well, 5 out of 6 ain't bad .......

57 Hammond B3; 69 Hammond L100P; 68 Leslie 122; Kurzweil Forte7 & PC3; M-Audio Code 61; Voce V5+; Neo Vent; EV ELX112P; GSI Gemini & Burn

Delaware Dave

Exit93band

 

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Meat. Loaf.

 

I didn't get it the first time.

 

I didn't get it the second time.

 

Then I saw him in Fight Club.

 

Then I saw him on The Apprentice.

 

Meat Loaf is a cry baby bitch.

 

What a turd.

 

I never got it. Don't care to get it.

 

Well, 5 out of 6 ain't bad .......

 

Draw your own conclusions on #6? ;)

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Meat. Loaf.

 

I didn't get it the first time.

 

I didn't get it the second time.

 

Then I saw him in Fight Club.

 

Then I saw him on The Apprentice.

 

Meat Loaf is a cry baby bitch.

 

What a turd.

 

I never got it. Don't care to get it.

 

Well, 5 out of 6 ain't bad .......

 

lol! Sounds like a song... wait... oh, nevermind!

Live: Korg Kronos 2 88, Nord Electro 5d Nord Lead A1

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Don't be sad cause 5 out of 6 aint bad.

 

I want you ....

I need you ....

 

 

I liked him in Rocky Horror.

I always want to cover Time Warp.

 

Squirrel.

"It doesn't have to be difficult to be cool" - Mitch Towne

 

"A great musician can bring tears to your eyes!!!

So can a auto Mechanic." - Stokes Hunt

 

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Hey, Meat went to the same high school that I did! Meat Loaf has created a whole musical theater thing. Really, if the tribute-meister is making money off Meat's intellectual property, then the suit reached a correct result. Tribute bands really should consider the down side. This is no "lawyer troll" thing. $25,000 is not much for this kind of litigation. The tribute-meister ought to pay up and go back to work.
"Forget it, Jake. It's Chinatown."
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Oy! He sings to a backing track! Shut him down... please...

 

'55 and '59 B3's; Leslies 147, 122, 21H; MODX 7+; NUMA Piano X 88; Motif XS7; Mellotrons M300 and M400’s; Wurlitzer 206; Gibson G101; Vox Continental; Mojo 61; Launchkey 88 Mk III; Korg Module; B3X; Model D6; Moog Model D

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I'm a friend of Deans. I wish to stay a friend so I'll keep silent on this conversation. :snax:
Hmmm.

"I'm so crazy, I don't know this is impossible! Hoo hoo!" - Daffy Duck

 

"The good news is that once you start piano you never have to worry about getting laid again. More time to practice!" - MOI

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I like covering Meatloaf.... but I'm piano player.

 

But I also don't think I would want to do a whole night of it..... I can't think of any artist I would want to cover exclusively for a whole night's gig.

 

Don't all of Meatloaf's songs sound the same, with the same chord progression?

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As I understand it, Meatloaf's "intellectual property" is not the issue here - and the legal concept of IP as it applies to musical works is where copyright comes in. Seems to me the bulk of that ought to belong to Jim Steinman...but that's another topic.

 

Rather, the thrust of the suit seems to be cybersquatting and impersonation with intent to mislead.

 

Now that may not be the actual motive for Mr. Loaf bringing suit, but that's appears to be the point the court ruled on in Mr. Loaf's favor.

 

My question is whether there is jurisdiction here.

 

 

..
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Copyright, trademark, web page, use of name is all intellectual property. It's not just copying his music. The tribute-meister surely copped the music without paying royalties, but he also stole the web page design and put it on his truck, among other transgressions, I'm sure. That was the easiest to prove, I'd bet.

 

Here's a definition from World Intellectual Property Organization - It looks like the case was brought in Great Britain -

 

"Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

IP is divided into two categories:  Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.  Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. "

 

WIPO site

"Forget it, Jake. It's Chinatown."
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I like covering Meatloaf.... but I'm piano player.

 

But I also don't think I would want to do a whole night of it..... I can't think of any artist I would want to cover exclusively for a whole night's gig.

 

Don't all of Meatloaf's songs sound the same, with the same chord progression?

 

Not sure I've only covered 2. Bat Out of Hell and I Would Do Anything For Love. The progressions are different but definitely the same over the top Rock 'n' Roll style. Never covered the two at the sametime in the same band though. LOL!

"It doesn't have to be difficult to be cool" - Mitch Towne

 

"A great musician can bring tears to your eyes!!!

So can a auto Mechanic." - Stokes Hunt

 

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There are very few bands that I would even consider doing a tribute night of...

 

Steely Dan

Moody Blues

Deep Purple

Yes

Tower of Power

 

 

Definitely not Meat Loaf!

'55 and '59 B3's; Leslies 147, 122, 21H; MODX 7+; NUMA Piano X 88; Motif XS7; Mellotrons M300 and M400’s; Wurlitzer 206; Gibson G101; Vox Continental; Mojo 61; Launchkey 88 Mk III; Korg Module; B3X; Model D6; Moog Model D

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